What if your tenant will not leave?
 

Most tenants do. You cannot evict a tenant yourself but you can apply to the county court to get your property back. In certain cases, and provided you have a written tenancy agreement, you can use an accelerated possession procedure which can avoid the need for a court hearing.


Accelerated Possession Procedure

This is a quicker method for landlords to gain possession of their property, called the Accelerated Possession Procedure, which can help you get possession of your property possibly without the need for a court hearing.


You can use this procedure if the tenancy is an assured shorthold tenancy. If you use the procedure, you can only claim possession and your costs of making the application. You cannot, for example, include a claim for arrears of rent. The court will normally make its decision by looking at the documents ('written evidence') which you and your tenant provide. Because your application will be dealt with in this way, you must give the court all the written evidence it needs to make its decision at the outset.


You will need to complete the Form N5B Claim for possession which can be downloaded from the HMCS (Her Majesty's Court Service) website. You will also need supply the court with copies of the tenancy agreement, notice(s) sent to the occupier, and any other relevant documents (such as letters).


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